Property law and disputes of a domestic or family nature can be draining on an emotional and financial level. Our family team work hard with you to minimise these impacts.
Family law and property law include:
Matrimonial property
Our trained professionals can give advice about the property rights of spouses in a marriage as a result of separation. Sometimes legal advice of this nature is required during a happy marriage as well for estate planning purposes or even income splitting. The principle objective is to have the matrimonial property dispute settled by negotiation and/or mediation and confirmed in a settlement deed signed by the parties. However, if this is not possible we can process the claim through the Family Court so that a Judge can decide the issues.
De facto property law
We are often asked to assist couples living in a de facto relationship to settle disputes concerning their property. Before entering into such relationships many de facto couples seek advice on how they can secure their assets in the event of separation. We put them into signed property agreements or assist in the settlement of assets into trusts set up for the purpose.
The law of property as it affects de facto couples is presently in a state of flux and there have recently been some major legislative developments in this area which will lead to changes in the near future.
Interests in property arising from the law of trusts
In New Zealand we have a well developed body of law of express, implied, resulting and/or constructive trusts that can be called upon to enable the courts to adjust property ownership between de facto couples in the appropriate circumstances. Our professionals have considerable expertise in the handling of this type of claim.
Breach of trust
With the popularity of family trusts over the last decade or so many more disputes are arising which touch upon the way in which assets held in trust are administered and/or distributed. Our team of professionals can assist in obtaining redress for disgruntled beneficiaries and others with respect to property held in trust.
Protection of personal and property rights
The courts have power to appoint managers of the estates of persons who through incapacity one way or another are unable to look after their assets properly themselves. We assist many families to obtain management and property orders with respect to elderly members of their families.
